Terms of Use
Terms and Conditions-
– These Terms govern your access to, usage of all content, Product and Services available at https://hemantbandhu.com website (the “Service”) operated by Bandhu Graphics (“us”, “we”, or “our”).
– Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
– Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
Intellectual Property:
The Agreement does not transfer from Us to you, any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Paintings and its licensors.
Third Party Services:
– In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
– If you use any Third Party Services, you understand that-
1. Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
2. You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
Accounts:
– Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
– You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
– You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Termination:
– We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
– If you wish to terminate the Agreement or your account, you may simply discontinue using our Services.
– All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer:
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Paintings and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Paintings, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law:
– Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of India.
– The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the federal courts located in Indore, Madhya Pradesh, India.
Changes:
– Hemantbandhu.com reserves the right, at our sole discretion, to modify or replace these Terms at any time.
– If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
– If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
– Your continued use of our Services will be subject to the new terms.
Notice and Procedure for Making Claims of Right Infringements-
Welcome to https://hemantbandhu.com (the “Site”). We respect the intellectual property rights of others just as we expect others to respect our rights. A copyright owner or their agent may submit a takedown notice to us via conditions listed below. To submit a good faith infringement claim to us, you must submit the notice to us that sets forth the following information:
Notice of Infringement – Claim:
– A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner).
– Identification of the copyrighted work claimed to have been infringed.
– Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work].
– Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number.
– A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent.
– A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Important Warning:
– Giving false, misleading or inaccurate information in the Notice Form to Amazon may result in civil and/or criminal liability
– Send all takedown notices through our Contact page. Please send by email for prompt attention.
– Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Counter Notification – Restoration of Material:
– If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing and must contain substantially the following elements :
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the India, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
5. Send your counter notice through our Contact page. Email is highly recommended.
Repeat Infringer Policy:
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements, we maintain a list of notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Modifications:
We reserve the right to modify the contents of this page and its policy for handling claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.
Terms of Auction –
– “Applicable Law” shall mean to the extent it applies to a Person, all applicable laws, statutes, by-laws, rules, regulations, orders, ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any Governmental Authority or Person acting under the authority of any Governmental Authority and/or of any statutory authority in India, whether in effect on the Execution Date or thereafter.
– “Hemant Bandhu’s Painting Auction” shall mean an online auction conducted by Bandhu Graphics in accordance with these Terms and Conditions of Sale.
– “Auction Period” shall mean the ‘Starting Date’ & ‘Ending Date’ of the auction conducted by Bandhu Graphics.
– “Bidder” shall mean any Person eligible to make a bid or offer to purchase the Painting at “Hemant Bandhu’s Painting Auction”.
– “Business Day” shall mean any bank working day, on which banking institutions in India are open for banking transactions.
– “Buyer” shall mean the Person whose bid is accepted by Bandhu Graphics as the winning bid in Hemant Bandhu’s Painting Auction, at hemantbandhu.com.
– “Governmental Authority” shall mean any international, national, provincial, regional, central, state, municipal or local government, any instrumentality, subdivision, court, administrative, executive or regulatory agency, commission, board, tribunal or other authority thereof, or any quasi-governmental or private body exercising any regulatory, taxing, legislative or other governmental or quasi-governmental authority (in each of the foregoing cases, whether in India or outside India), in each case, having jurisdiction pursuant to Applicable Law.
– “Hammer Price” shall mean the final price at which the Painting is sold to a Buyer, exclusive of other applicable duties and taxes.
– “INR” shall mean the lawful currency of the Republic of India.
– “Reserve Price” shall mean the starting price or minimum price at which the Painting shall be sold at the Hemant Bandhu’s Painting Auction.
– “Bid Security Deposit” shall mean deposit amount given by the bidder which will be added to the bid amount after winning to the winning bidder and rest of the bidders who did not win the auction will be refunded with their bid security deposit. If the winning bidder does not complete the payment of hammer price in that case their security deposit will not be refunded.
– “Terms and Conditions of Sale” means the terms and conditions stipulated herein below, which are applicable to all Buyers, Bidders and any prospective bidders in a Hemant Bandhu’s Painting Auction, as may be amended by Bandhu Graphics from time to time.
– “Website” shall mean www.hemantbandhu.com.
– Words using the singular or plural number also include the plural or singular number respectively.
– The terms ‘hereof’, ‘herein’, ‘hereby’, ‘hereto’ and derivatives or similar words refer to these Terms and Conditions of Sale or specified Clauses thereof, as the case may be.
– The term ‘Clause’ refers to the specified Clause of these Terms and Conditions of Sale.
– Reference to legislation or law or to any provision thereof shall include references to any such law as it may from time to time, be amended, supplemented or re-enacted, and any reference to statutory provision shall include any subordinate legislation made from time to time under that provision.
– References to “Terms and Conditions of Sale” shall be construed as a reference to these Terms and Conditions of Sale as may be amended, varied, supplemented or novated in writing at the relevant time in accordance with the terms herein.
– Any reference to pantings, sketches, videos, portraits, landscapes, cartoons, books, files, records or other information or any of them means pantings, sketches, videos, portraits, landscapes, cartoons, books, files, records or other information or any of them in any form or in whatever medium held including paper, electronically stored data, magnetic media, film and microfilm
– No provisions of these Terms and Conditions of Sale shall be interpreted in favour of, or against, any party by reason of the extent to which such party or its counsel participated in the drafting hereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof.
– Any time of day or date is to that time or date in India.
– Time is of the essence in the performance of the Parties’ respective obligations. If any time period specified herein is extended, such extended time shall also be of the essence.
REGISTRATION OF BIDDERS:
– In order to qualify as a Bidder and be eligible to bid for Hemant Bandhu’s Painting Auction, prospective bidders should complete all registration and verification formalities with hemantbandhu.com as stipulated in these Terms and Conditions of Sale.
– The prospective bidder shall fill the online registration form on the Website and may be required to provide Hemant Bandhu(.com), with the following details – (i) any government issued proof of identity; (ii) any government issued proof of residence; (iii) PAN and Aadhar details; (iv) any information requested by Hemant Bandhu(.com) to examine the prospective bidder’s source of funds; (v) if the prospective bidder is a company, in addition to information in the Clause (a) its certificate of incorporation; (b) proof of authority of the authorized representative to transact on behalf of the company; (c) details mentioned in (i), (ii) and (iii) of the authorized representative.
– hemantbandhu.com shall verify the details provided by the prospective bidder under above mentioned Clause and may at its sole discretion, refuse acceptance of registration of a prospective bidder, should any of the information furnished under Clause is not acceptable or for any reason whatsoever.
– The prospective bidder may be required to provide a financial reference and/or a deposit of Rs. [10,000 (Indian Rupees Ten Thousand) to 50,000 (Indian Rupees Fifty Thousand)] or such other amount as determined by hemantbandhu.com, prior to gaining bidding access at Hemant Bandhu’s Painting Auction, if deemed necessary by hemantbandhu.com.
– hemantbandhu.com reserves the right to: (i) request additional information from the prospective bidder to verify the information provided in the registration form; (ii) request any additional bank references or guarantees from the prospective bidder.
– hemantbandhu.com shall give bidding access to any prospective bidder at its discretion, subject to the fulfilment of all registration formalities as contained in these Terms and Conditions of Sale.
– hemantbandhu.com reserves the right to cancel any bidding access provided to a Bidder.
– hemantbandhu.com reserves the right to withdraw a Lot or bidder before, during or after the bidding at Hemant Bandhu’s Painting Auction, at its sole discretion, including if it has a reason to believe that the authenticity or accuracy of the Lot or bidder is in doubt.
– hemantbandhu.com reserves the right to postpone completion of a sale under Hemant Bandhu’s Painting Auction until hemantbandhu.com completes its registration and client identification formalities or due to any other reason if any.
CONDUCT OF HEMANT BANDHU’S PAINTING AUCTION:
- Bid Increments
– All live bids on the Website shall have an increment of 10% (ten per cent).
– If the bid exceeds INR 1,00,00,000 (Indian Rupees One Crore only), the increment on the live bid shall be 5%.
- Personalized bid notifications
– The Bidder shall be kept informed about the progress of his bids at Hemant Bandhu’s Painting Auction, including when he is outbid or when he wins a particular Painting.
– By bidding at an Hemant Bandhu’s Painting Auction, the Bidder makes an irrevocable offer to purchase the Painting.
– Bids may be placed in INR. All foreign currency exchange rates during an Hemant Bandhu’s Painting Auction shall be based on a constant rate. However, they are subject to change after each session.
– Hemantbandhu.com reserves the right to grant, record and reject any bid.
– Hemantbandhu.com reserves the right to not award the winning bid to the Bidder with the highest bid on Auction Date, at its sole discretion.
– Once the Bidder has placed a bid and the Bidder cannot cancel such a bid.
– The closing bid is considered to be the winning bid only if such a bid exceeds the Reserve Price.
– hemantbandhu.com reserves the right to rescind the sale within 7 (seven) Business Days of the Auction Date on account of a breach of any of these Terms and Conditions of Sale.
- Authenticity guarantee
– Hemantbandhu.com assures the authenticity of the Painting on its Website to the best of its knowledge and abilities.
– The Buyer may subject to conditions under the Clause, raise a claim challenging the authenticity of the Painting within 7 days from the Collection Date, In order to successfully raise a claim to challenge the authenticity of the Painting –
1. The Painting should be in the same condition as it was at the time of purchase from hemantbandhu.com
2. Any expenses incurred by hemantbandhu.com in recovering the amount refundable under the clause shall be borne by the Buyer.
– If the Buyer’s claim to challenge the authenticity of the Painting is successful, the Buyer shall be refunded the Final Purchase Price by hemantbandhu.com.
- Payment by the Buyer
– The title and ownership interest in the Painting shall be transferred in favour of the Buyer only after all payment is received and cleared by hemantbandhu.com.
– The final purchase price payable (“Final Purchase Price”) by the Buyer shall include the Hammer Price, and any shipping, packing and handling charges incurred by hemantbandhu.com in connection with the Painting, as calculated by hemantbandhu.com.
– Bandhu Graphics shall raise an invoice in favour of the Buyer within 3 (three) Business Days of the Auction Date (“Invoice Date”).
– The Buyer shall pay the Final Purchase Price to Bandhu Graphics within 2 (Two) days of the Invoice Date.
– Buyers who are Indian residents shall pay the Final Purchase Price in INR and all other Buyers shall pay in USD. The Buyer must ensure that Bandhu Graphics receives the full payment of the Final Purchase Price, irrespective of exchange rate fluctuations, if any.
– In the event the Buyer does not pay the Final Purchase Price within the timeframe provided then their bid will be cancelled and buyer will not be eligible to receive bid security deposit refund.
– In the event the Buyer does not pay the Final Purchase Price within the stipulated timeframe provided under Clause, Bandhu Graphics shall treat such non-payment as a breach of these Terms and Conditions of Sale and Parties shall proceed on the premise that a dispute has arisen.
– In the event, if the Buyer does not pay the Final Purchase Price within the stipulated timeframe provided, Bandhu Graphics at its discretion may retain the Painting in lien in lieu of the Final Purchase Price, or declare the next runner-up bidder as the winner or conduct a re-auction.
- Delivery and collection of purchased lot
– Subject to receipt and clearance of the Final Purchase Price, Bandhu Graphics shall ship the Painting to the Buyer within 15 Days from receipt of the Final Purchase Price (“Date of Payment”).
– Subject to receipt and clearance of the Final Purchase Price payable by the Buyer, the Buyer may also opt to collect the Painting from Bandhu Graphics.
– Any Buyer who opts to collect the Painting from Bandhu Graphics, but has not collected the said Painting within 30 days from the Date of Payment shall be charged a demurrage/storage fee at 2% per month on the Final Purchase Price of the Painting calculated from the Date of Payment.
– The Buyer shall be liable to insure the Painting against any damages or losses in transit.
- Extent of bandhu graphic’s liability
– The description of the Painting, as contained on the Website is to the best of Bidders are advised to engage and consult with independent professionals/experts on the same.
– Painting frame shown in the picture may vary.
– Bandhu Graphics shall not be liable for any damage or loss during transit of the Painting. Such losses must be covered by the Buyer as provided under the Clause.
– Bandhu Graphics shall not be liable in case the Website has any technical problems, including for any failure or delay in executing the bids placed via the Website.
– Bandhu Graphics shall not be liable for the rejection of any bids received post the stipulated closing time of the bid. Bandhu Graphics acknowledges that there may be a lag period between the Bidder placing the bid and the same being received and registered by Bandhu Graphics.
– Hemantbandhu.com and any of its affiliates and (as applicable) their respective directors, officers, employees, representatives and advisors shall not be liable for any errors or omissions on the Website.
- Extent of Buyer’s liability
– Securing the winning bid shall be deemed to result into an enforceable contract of sale between Bandhu Graphics and the said Bidder in accordance with these Terms and Conditions of Sale.
– All Paintings offered in a Hemant Bandhu’s Auction are in its ‘present/current condition’ encompassing all existing faults and imperfections. Bidders are advised to inspect each painting carefully before bidding.
– The Buyer shall be liable for all the packing, insurance, shipping or handling charges in connection with the sale of the painting.
– The Buyer shall be liable for any duties or taxes in addition to the Final Purchase Price under the Clause in connection with the sale of the painting.
8. MISCELLANEOUS
– Bandhu Graphics can make changes to these Terms and Conditions of Sale from time to time without any prior notification. Bidders are advised to make themselves aware of the updated Terms and Conditions of Sale, (if any) before Hemant Bandhu’s Painting Auction.
– Each and every obligation under these Terms and Conditions of Sale shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or part. To the extent that any Clause of these Terms and Conditions of Sale are unenforceable, they shall be deemed to be deleted and any such deletion shall not affect the remainder of these Terms and Conditions of Sale not so deleted, provided the fundamental terms of these Terms and Conditions of Sale are not altered.
Governing law and Jurisdiction-
– These Terms and Conditions of Sale shall be governed and interpreted by and construed in all respects in accordance with the Applicable Laws of India, as amended from time to time, [without giving effect to its principles of conflict of laws].
– Any dispute, claim or controversy whatsoever arising out of or in connection with or relating to these Terms and Conditions of Sale, including the existence, breach, termination or invalidity thereof (“Dispute”), shall first be attempted to be resolved by good faith negotiations between the respective senior executives of Bandhu Graphics and the Bidder (each a “Party”) who have the authority to settle such Dispute. Negotiations pursuant to this clause shall be requested by either Party by notice to the other Party in writing.
– In the event that any Dispute is not resolved through negotiations within 14 (fourteen) days after one Party has served a written notice on the other Party requesting the commencement of negotiations, either Party may elect to refer and finally resolve such dispute by arbitration. Such election, pursuant to this Clause, shall be made by either Party in writing.
– Each of the Parties hereby acknowledges and agrees that its failure to participate in arbitration proceedings in any respect or to comply with any request, order or direction of the arbitrator shall not preclude the arbitrator from proceeding with such arbitration and/or making a valid final award.
For disputes relating to orders outside India, International arbitration rules of Indian Governing Laws shall apply. The seat and venue of international arbitration shall be Indore, Madhya Pradesh, India.
– The seat and venue of the arbitration shall be The arbitral tribunal shall consist of a sole arbitrator, appointed with the mutual consent of both Parties. Courts in Indore, Madhya pradesh, India shall have exclusive jurisdiction in relation to any court proceedings, arising under, out of, or in relation to these Terms and Conditions of Sale. The law governing this arbitration agreement between the Parties shall be the Applicable Laws of India, as amended from time to time. The language of the arbitration shall be English.